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Response: The
concept of the "investigatory question" is easiest
to understand when asking questions such as, "How did Joe
receive the injury to his wrist...?" or "Did Loretta
slap Fred...?" The missing funds situation is one of the
more difficult.
Clearly the question, "Who took the
funds?" is somewhat loaded. It implies that the funds were
improperly removed; however, it is possible that the money was
simply lost, misplaced or deposited in the wrong account. Even
the question, "Are there funds missing?" is inadequate.
Certainly there would be no investigation if something hadn't
turned up missing at some point, but it is only when the money
is determined not to be where it was expected that an investigation
would even begin.
Perhaps the important point here is to
first establish that something is actually missing. This process
is not an investigation in the sense that we ordinarily
understand it. Someone who notices that there is money missing
from a drawer would first want to check a wallet, pants and other
locations where the money might ordinarily be kept before considering
that there is possible untoward behavior. And yet remember, the
investigatory question ought not be, "Who took the funds?"
It is still possible that an investigation will discover
that they were simply lost or misplaced by their owner.
Perhaps the best way to phrase the question
in this case would be to ask something like: "Where is the
money that was discovered missing from Joe's room at 3:00 p.m.
June 30, 2003?" This doesn't point a finger, but it does
suggest a focus that if fully answered would probably go a long
way toward determining whether misconduct occurred.
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